Gray v Elite Town Management

Gray v Elite Town Management

The Party Wall Act 1996 does not impose an absolute duty on surveyors to authorise a scheme that avoids all unnecessary inconvenience; the judge below was entitled to uphold the surveyor's award approving Scheme C, to reduce the recoverable fees of Ms Murthy, and to decline to grant a declaration regarding the First Award. No error of law or principle was shown to warrant interference by the Court of Appeal.

Parties
Appellant/claimant: Russell Gray; Respondent/defendant: Elite Town Management Ltd
Jurisdiction
England and Wales
Judgment Date
03 November 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed; permission to appeal refused on party wall appeal; no interference with judge's discretion on declaration and injunction.
Legal Topics
Party Wall Act 1996, Party Wall Disputes, Surveyors' Awards, Injunctions, Damages for Trespass, Costs of Statutory Process
Property Law Construction Law Party Wall Act 1996 Party Wall Disputes Surveyors' Awards Injunctions Damages for Trespass Costs of Statutory Process

Case Brief

Summary, issues, holding and outcome

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Parties

Russell Gray

Appellant/claimant

Elite Town Management Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether party wall surveyors have a duty to authorise a scheme that avoids unnecessary inconvenience under section 7(1) of the Party Wall Act 1996
  2. 2 Whether the underpinning scheme (Scheme C) approved by the third surveyor was appropriate
  3. 3 Whether the fees of the adjoining owner's surveyor (Ms Murthy) were properly reduced

Ratio Decidendi

The Party Wall Act 1996 does not impose an absolute duty on surveyors to authorise a scheme that avoids all unnecessary inconvenience; the judge below was entitled to uphold the surveyor's award approving Scheme C, to reduce the recoverable fees of Ms Murthy, and to decline to grant a declaration regarding the First Award. No error of law or principle was shown to warrant interference by the Court of Appeal.

Court Disposition

Appeal dismissed; permission to appeal refused on party wall appeal; no interference with judge's discretion on declaration and injunction.

Orders

  • Appeal dismissed
  • Permission to appeal refused on party wall appeal